Charles Doyle
Senior Specialist in American Public Law
Sentencing for all serious federal noncapital crimes begins with the federal Sentencing Guidelines. Congress establishes the maximum penalty and sometimes the minimum penalty for every federal crime by statute. In between, the Guidelines establish a series of escalating sentencing ranges based on the circumstances of the offense and the criminal record of the offender. The Guidelines do so using a score-keeping procedure. The Guidelines process involves:
I. Identification of the most appropriate Guidelines section for the crime(s) of conviction, based on the nature of the offense (the most commonly applicable are noted in the Guidelines Index)
II. Identification of the applicable base offense level indicated by the section
III. Addition/subtraction of offense levels per section instructions for the circumstances in the case at hand
IV. Addition/subtraction of offense levels per instructions in those chapters of the Guidelines relating to
Senior Specialist in American Public Law
Sentencing for all serious federal noncapital crimes begins with the federal Sentencing Guidelines. Congress establishes the maximum penalty and sometimes the minimum penalty for every federal crime by statute. In between, the Guidelines establish a series of escalating sentencing ranges based on the circumstances of the offense and the criminal record of the offender. The Guidelines do so using a score-keeping procedure. The Guidelines process involves:
I. Identification of the most appropriate Guidelines section for the crime(s) of conviction, based on the nature of the offense (the most commonly applicable are noted in the Guidelines Index)
II. Identification of the applicable base offense level indicated by the section
III. Addition/subtraction of offense levels per section instructions for the circumstances in the case at hand
IV. Addition/subtraction of offense levels per instructions in those chapters of the Guidelines relating to
A. Victim related matters
B. Role in the offense
C. Obstruction
D. Multiple counts
E. Acceptance of responsibility
V. Calculation of the criminal history score
VI. Consideration of departures (more/less severe treatment) which the Guidelines permit
VII. Application Guidelines instructions relating to
A. Imprisonment (Sentencing Table)
B. Probation
C. Supervised release
D. Special assessments
E. Fines
F. Restitution
G. Forfeiture
VIII. Sentencing Organizations
IX. Deviation based on the sentencing principles in 18 U.S.C. 3553(a).
This is an abridged version of a longer report entitled to CRS Report R41696, How the Federal Sentencing Guidelines Work: A Brief Overview, without the footnotes, attribution, citations, or full content found in the longer report.
Date of Report: March 16, 2011
Number of Pages: 11
Order Number: R41697
Price: $29.95
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